Another Example of Apparent Marking-the-Close
(Mar 2024)
By Craig McCann and
Mike Yan
You can download a PDF of this article to print or email here
Introduction
We recently posted research into stock issuances solely underwritten by Aegis Capital. We concluded that investors, including many Aegis' retail customers, suffered $3.0 billion to $5 billion in losses in
recent years as a result of Aegis' conduct. You can view that post here.
We also concluded that in at least three instances either Aegis marked the close or looked the...
Howard Capital Management Funds Charge High Fees to Misuse Leveraged ETFs
(Jan 2024)
By Craig McCann and Susan Song
You can download a copy of this note to print or email here.
Introduction
Howard Capital Management ("HCM") is a SEC-registered RIA based in Roswell, GA.[1] In addition to advising individual accounts,
it manages mutual funds and ETFs. It claims to use proprietary technical analysis, HCM-BuyLine(R), to market-time the funds' asset allocations.
Without any risk disclosure, HCM's mutual funds buy and hold leveraged ETFs for much longer periods than is...
Blackstone Fiddles as BREIT Burns
(Apr 2023)
By Craig McCann and Regina Meng.
You can download a pdf of this article to print or email here.
Introduction
In December, we argued that Blackstone Real Estate Income Trust ("BREIT") smoothed and inflated its reported returns for years, leading to large investor inflows. [1] We predicted that a run on the bank had started because of Blackstone's prior conduct, leaving it with two very bad options. BREIT could honor redemption requests at posted NAVs and see its NAV cut in half as the NAV...
YES Strategies: Know to say no
(May 2019)
In recent years, low yields in the bond market and low volatility in the equity markets have combined to give brokerage firms the excuse to develop and sell "Yield Enhancement Strategies (YES)" to retail investors. These strategies almost always consist of selling options on the S&P 500. The sale of an option garners a premium but places the seller (the retail investor) in a short option position. Being short on a call or put option is a risky place to be. In the best-case scenario, the...
Investors "Strangled" by LJM Preservation and Growth Fund (LJMIX)
(Feb 2018)
The stock market began the month of February on a roller-coaster. During the 6 trading days from Friday, February 2nd to Friday, February 9th, the Dow Jones Industrials had intraday swings of at least 330 points each day. On four of those six days the Dow incurred 1,000 point swings.
Amidst the dramatic market swings two weeks ago, the LJM Preservation and Growth Fund stands out. The Fund plummeted over 80% (from a price of $10.34 to $1.94) in two days. See Figure 1.
Figure 1. LJM Preservation...
Puerto Rico Municipal Bond Returns and Sunspots
(Apr 2017)
Introduction
Economists use a statistical procedure called regression analysis to determine whether there is a relationship between economic variables. For example, a labor economist might use regression analysis to determine whether there is a relationship between salaries and education after controlling for differences in job tenure and geographic region. An antitrust economist might use regression analysis to determine whether an attempted collusion in the airline industry effected prices...
This is Why Merrill Lynch Paid the SEC and FINRA $15 million over Bank of America's VOL Index-linked Structured Products.
(Jun 2016)
The Securities and Exchange Commission yesterday announced a settlement with Merrill Lynch over structured products linked to Bank of America's proprietary investable volatility index based on VIX Future contracts ("VOL Index"). The SEC press release announcing the settlement and its Order Instituting Proceedings are available on the SEC website. The companion FINRA settlement press releaseand AWC are available on the FINRA website. Bank of America published its VOL Index in 2010 and shortly...
A Bad Broker Found His Firm; You Should Avoid Them Both
(Jun 2016)
In June 2016, a FINRA panel in Albuquerque, NM ordered Centaurus Financial, Inc. to pay the Claimant, a recent widow when the subject conduct began, $150,000 plus all hearing fees after reasoned findings that "the investments Hashemian recommended while at Centaurus were not suitable", that Centaurus was responsible for Hashemian's actions which "constituted fraudulent and negligently made misrepresentation and omitted material information in the sale of investments" and that "Centaurus...
Enforcement Actions: Week in Review - January 15th, 2016
(Jan 2016)
SEC ENFORCEMENT ACTIONS
SEC Announces 2016 Examination Priorities
January 11, 2016 (Litigation Release No. 4)
The SEC has announced its new 2016 priorities for its Office of Compliance Inspections and Examinations. The new priorities center around liquidity controls, public pension advisers, product promotion, exchange-traded funds, and variable annuities.
Julie M. Riewe, Co-Chief of Asset Management Unit, to Leave SEC After 10 Years of Service
January 11, 2016 (Litigation Release No. 5)...
Nicholas Schorsch Cheated Investors in Recent Nontraded REIT Mergers
(Dec 2015)
Roll-ups
Recently we posted More Non-traded REIT Perfidy: The Roll-up Grift.
To re-cap: Non-traded REITs are required by state securities regulators to include language in their bylaws which closely tracks the 2007 North American Securities Administrators Association's Statement of Policy Regarding Real Estate Investment Trusts.1
NASAA guidelines protect shareholders in REITs which have not been trading for at least 12 months before being rolled-up. The protections include the requirement...
